Opinion
5:24-CV-266
12-19-2024
JORDAN K., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
LEGAL AID SOCIETY OF MID-NY Attorneys for Plaintiff RAYMOND O. RECCHIA, ESQ. SOCIAL SECURITY ADMINISTRATION Attorneys for Defendant JASON P. PECK, ESQ.
LEGAL AID SOCIETY OF MID-NY Attorneys for Plaintiff
RAYMOND O. RECCHIA, ESQ.
SOCIAL SECURITY ADMINISTRATION Attorneys for Defendant
JASON P. PECK, ESQ.
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On February 23, 2024, plaintiff Jordan K. (“plaintiff') filed this 42 U.S.C. § 405(g) action seeking judicial review of a final decision by the Commissioner of Social Security (the “Commissioner” or “Defendant”) denying his application for disability benefits. Dkt. No. 1. A briefing schedule was set. Dkt. No. 4. The parties filed their respective memoranda-treated as motions for judgments on the pleadings under Federal Rule of Civil Procedure (“Rule”) 12(c) pursuant to General Order 18. Dkt. Nos. 15, 17.
Along with his complaint, plaintiff also moved to proceed in forma pauperis (“IFP Application”). Dkt. No. 3. On February 28, 2022, U.S. Magistrate Judge Therese Wiley Dancks granted plaintiffs IFP Application. Dkt. No. 7.
On December 2, 2024, Judge Dancks advised by Report & Recommendation (“R&R”) that plaintiff's motion be denied, that defendant's motion be granted, and that the Commissioner's decision be affirmed. Dkt. No. 18. Neither party has lodged objections.
Upon review for clear error, Judge Dancks's R&R will be adopted in all respects. See FED. R. CIV. P. 72(b). In the R&R, Judge Dancks reasoned that the Administrative Law Judge (“ALJ”) properly applied the five-step sequential evaluation process promulgated by the Commissioner for adjudicating disability claims. Dkt. No. 18. Judge Dancks further advised that the ALJ had properly developed and considered the record in making its determination. Id.
Therefore, it is
ORDERED that
1. The Report & Recommendation (Dkt. No. 18) is ACCEPTED;
2. Plaintiff's motion for a judgment on the pleadings (Dkt. No. 15) is DENIED; and
3. Defendant's motion for judgment on the pleadings (Dkt. No. 17) is GRANTED;
4. The final decision of the Commissioner is AFFIRMED.
The Clerk of the Court is directed to terminate the pending motions, enter a judgment accordingly, and close the file.
IT IS SO ORDERED.